California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 2.5 - Substance Abuse and Crime Prevention Act of 2000 and Substance Abuse Treatment and Testing Accountability Program
Section 9532 - Client Fees

Universal Citation: 9 CA Code of Regs 9532

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The county shall utilize any fee it collects from clients pursuant to the Act as the result of an assessment by a trial judge, toward the cost of placing clients into drug treatment programs.

(1) For purposes of this regulation, the "cost of placing clients into drug treatment programs" means court or probation department costs incurred in ensuring that a client is enrolled in the selected drug treatment program and has a treatment plan in place, costs of drug treatment services, and other related costs for clients eligible pursuant to the Act.

(2) The county shall deposit all fees it collects from clients into the sub-account established for other funds pursuant to Section 9517(b).

(3) The county shall report such fees on the Annual Financial Status Report (Form ADP 10096, Rev. 10/01).

(b) Drug treatment programs in which clients are placed shall assess fees toward the cost of treatment based on their determination of a client's ability to pay in accordance with Section 11991.5 of the Health and Safety Code.

(1) Such fees shall be deducted from the drug treatment program's cost of providing services in accordance with Health and Safety Code Section 11987.9.

(2) Such fees shall be identified on the Annual Financial Status Report (Form ADP 10096, Rev. 10/01).

(3) The county shall pay the drug treatment program the remaining cost of providing services from the county trust fund, in accordance with either the actual cost of the service or the negotiated rate method, as specified in Section 11987.5 of the Health and Safety Code.

(c) Fees may be assessed and collected by the court, the drug treatment program, or a third party (at the county's option), so long as all fees collected are separately identified for audit purposes and treated as placement fees, collected pursuant to (a) of this regulation, or treatment fees, collected pursuant to (b) of this regulation.

(d) The county lead agency shall monitor to assure that assessment and collection of fees, however executed, are coordinated in a manner that avoids duplication and ensures that all fees are accounted for and used to offset the cost of services allowed in accordance with this Chapter.

1. New section filed 4-25-2001 as an emergency; operative 4-25-2001 (Register 2001, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-17-2001 as an emergency; operative 8-22-2001 (Register 2001, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-20-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-12-2001 as an emergency; operative 12-20-2001 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-19-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-20-2001 order, including amendment of section, transmitted to OAL 12-19-2001 and filed 1-17-2002 (Register 2002, No. 3).

Note: Authority cited: Section 11755, Health and Safety Code. Reference: Section 11991.5, Health and Safety Code; and Sections 1210.1(a) and 3063.1(a), Penal Code.

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